PEOPLE OF STATE OF ILLINOIS v. C.H.

Aggravated Criminal Sexual Assault

NOT GUILTY – BATTERY

The Defendant was charged with the offense of Battery. In the State of Illinois the offense of Battery is a Class A misdemeanor that is punishable by up to 1 year in prison and a fine of $2500.00. In the State of Illinois Battery occurs when a person intentionally or knowingly without legal justification and by any means causes bodily harm to an individual or makes physical contact of an insulting or provoking nature with an individual. In this case the Defendant had an ongoing dispute with her neighbour over a fence line. The Defendant was alleged to have spit in the face of her elderly neighbour. Thus, in this case even though the defendant never struck the alleged victim, the act of spitting was construed to be physical contact of an insulting nature. The defendant in this case professed her innocence and refused to accept any offer from the Cook County State’s Attorney’s Office. After interviewing witnesses and examining the police reports Mr. Schmiege took the case to trial and the alleged victim and another witness testified. Mr. Schmiege toughly cross-examined the alleged victim and eye witness and developed inconsistencies in their testimony as well as bias to testify falsely. After the conclusion of testimony Mr. Schmiege argued that the witnesses could not be believed and proof beyond a reasonable doubt was not present and the judge agreed and found the Defendant not guilty.

While the defendant would not have been sentenced to jail time for this case, a conviction for the offense of battery would have remained in her background and could have popped up during background checks and prevented future employment. In this case the easy thing would have been to plea bargain the case but Mr. Schmiege stood up for his clients and fought for their rights.

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